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Reged: 05/13/10
Posts: 19
No-cohabitation clause help
      #668905 - 06/17/10 01:08 PM

hey all, writing up our separation agreement now. Does anyone have some example legalese language that says "neither of us can have overnight guests while the kids are in our house"?


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Carpal \'Tunnel

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
Re: No-cohabitation clause help [Re: NOVAdad]
      #668970 - 06/17/10 03:51 PM

Neither the plantiff nor the respondent will have over night guests of the opposite sex when the children are present. This does not include remarriage of either plantiff or respondent...or something along those lines.

13.1...because I am only half crazy!

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Carpal \'Tunnel

Reged: 01/16/06
Posts: 3236
Loc: VA for 21 years, NC forever!
Re: No-cohabitation clause help [Re: Miranda]
      #669069 - 06/17/10 08:45 PM

Nor would it include blood relatives of the opposite sex.

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Reged: 05/07/08
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Re: No-cohabitation clause help [Re: BeachBabeRN]
      #703233 - 11/02/10 11:07 AM

"Under no circumstances shall either party have an overnight guest of the opposite sex, to whom they are not related by blood or marriage, while he or she has custody of the children."

However, I think this leaves open relatives to have overnights, say dad has kids while dad's sister (aunt) is staying with him, can aunt have her boyfriend sleep over at dad's?

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Carpal \'Tunnel

Reged: 06/02/04
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Re: No-cohabitation clause help [Re: onmyway]
      #703894 - 11/05/10 01:00 AM

Parties can agree to anything they desire and it is likely enforceable. Without agreement, courts, generally, cannot include such provisions.

That being said, precluding sleepovers with significant others when children are in that parent's care may suffice.

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Reged: 11/22/10
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Re: No-cohabitation clause help [Re: Maury]
      #708515 - 11/22/10 11:47 AM

I would like to know if you can waiver the no-cohabitation clause. Our judge put it in our decree but neither i nor my ex agree with it.

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Carpal \'Tunnel

Reged: 07/03/10
Posts: 6355
Re: No-cohabitation clause help [Re: sweetpea82]
      #708797 - 11/22/10 11:12 PM

If neither of you agree with it you don't have to abide by it. Same with anything else - visitation, etc.

However f it's something you agree you don't want to live by, I'd suggest writing something up stating that, both of you signing it and having it notarized so it's at least a legal agreement between the two of you. It'd make it more difficult to allow problems to arise if one if you ended up changing your minds.

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